Is it legal if my job refuses to pay me my last paycheck?

I was fired due to accidental sales. I was not informed by managers or on the jobs training site that our new customer promotion had ended. Therefore, I was still offering that promo along side the new one, since that’s what has been happening with the last 2 promotions. At times I had to travel out of my way and lost work hours when I didn’t have the travel fare to make it and they refused to switch me with someone who was closer to that store. I would give early notice about appointments and they schedule me for that exact day or time and I’d lose hours. Now they won’t pay me for my last 20 hours. Can I file a wage claim with the state’s department of labor or sue in small claims court?

Asked on July 11, 2018 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The foregoing having been said, in NY if a worker damages thei employer’s property or makes a mistake that costs them money, the employer is not allowed to recoup such losses by deducting money from the worker’s pay or making the worker pay it back.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are entitled to be paid for all hours that you work. That is the law. That having been said, however, as a general rule this doesn't mean that your employer is not entited to be compensated for any money that it is out due to your mistake. It's just that they cannot make a paycheck deduction (at least not without your express consent). Accordingly, your emplyer will either have to get you to agree to repay any monies that it they are out or they will have to sue you for it.


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